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HomeMy WebLinkAbout4.0 BOCC Staff Report 04.06.2015Garfield County Board of County Commissioners Public Hearing Exhibits Minor Subdivision Plat — Call Up Cerise Upper Ranch Minor Subdivision Plat (File MISA-8047) Applicant: Clifford Cerise Ranch Company LLLP Representative: Mark Chain, Consulting LLC April 6, 2015 Exhibit # Exhibit Description 1 Public Hearing Notice Information Form and Attachments 2 Garfield County Land Use and Development Code, as amended 3 Garfield County Comprehensive Plan of 2030 4 Application 5 Supplemental Staff Memo (dated 3/30/15) 6 Staff Presentation 7 Cali Up Request Letter (dated 2/13/15) 8 Supplemental Submittal Letter (dated 3/17/15) 9 Director's Decision Letter (dated 2/6/15) 10 Staff Report 11 Referral Comments from Garfield County Consulting Engineer 12 Referral Comments from Division of Water Resources 13 Referral Comments from Garfield County Road & Bridge 14 Referral Comments from Garfield County Environmental Health 15 Referral Comments from Carbondale Fire Protection District 16 Referral Comments from Garfield County Vegetation Manager 17 Referral Comments from Colorado Geological Survey 18 19 20 21 22 23 24 25 26 27 28 Garfield Cou PUBLIC HEARING NOTICE INFORMATION EXHIBIT Please check the appropriate boxes below based upon the notice that was conducted for your public hearing. In addition, please initial on the blank line next to the statements if they accurately reflect the described action. ►t My application required written/mailed notice to adjacent property owners and mineral owners. Mailed notice was completed on the b t -q day of M{ RA -1, , 2015. ✓ All owners of record within a 200 foot radius of the subject parcel were identified as shown in the Clerk and Recorder's office at least 15 calendar days prior to sending notice. ., All owners of mineral interest in the subject property were identified through records in the Clerk and Recorder or Assessor, or through other means [list] ■ Please attach proof of certified, return receipt requested mailed notice. O My application required Published notice. Notice was published on the day of , 2015. ■ Please attach proof of publication in the Rifle Citizen Telegram. 0 My application required Posting of Notice. Notice was posted on the day of , 2015. Notice was posted so that at least one sign faced each adjacent road right of way generally used by the public. I testify that the above information is true and accurate. Name: k to p.x.A3 . Signature: Date: LI) tr r - D D D D D rR D r- 1-9 11.1 17- r - c1:1 D D D D D Ifl r -q 1:71 CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com 1 A 1_ Postage Certified Feo Retum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Schenck, John & Kelli 06`r7=1,,,/,'".• 0049 County Road 105 Crty, Stale, ZIP Carbondale CO 81623-9605 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Servicem CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery infounation visit our website at www.usps.cono, Postage Certified Feo Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 1-9 . r- or PO Box No. City Stale, ZiPi $ $0.49 $3.30 $2.70 moo $6.49 Schenck Family Trust 0506 County Road 105 Carbondale, CO 81623-9605 PS Form 3800, August 2006 D ru Ln -0 0- 0- D D D D D D r-1 See Reverse for Instructions U.S. Postal Service., CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.corm., EIV4IREP #10 A L JLSE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fee Sent To Cerise, Cassie C ' irK;CA,i71: or PO Box No. 1234 County Road 105 City, State, ZII Carbondale CO 81623 PS Form 3800, August 2006 See Reverse for Instructions Ir m Er ELI D D D D Lfl 1. 1-R D r-4 =•• -n tr D D D Ln r-1 CD D N r•-9 to m :3- -n • • • CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com CA i• NITECtO Postage Certified Fee Return Receipt Feo (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To OAL USE 0531 Tucker Family Part Street, Apt No. r PO Box No. 1700 County Road 103 - City, State, ZIP, Carbondale CO 81623 PS FM1113800, August 2006 See Reverse for Instructions U.S. Postal Service., CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coma PrNP4717.;11 Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Feo (Endorsement Required) Total Postage & Fees Sent To Street, Apt. N Or PO Box Nt 551 Fifth Avenue 34th Floor c'fxsta1°,4 New York, NY 10176 Argent Land Ventures LLC PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Service., CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com, NEP 11 V21 t; 1 A 1„. US E Postage Certified Feo Retum Receipt Fee (Endorsement Required) Restricted Delivery Feo (Endorsement Required) Total Postage & Fees Sent To $6.49 White, James E Street, Apt. No.; 0 Bo No.218 E. Cody Lane or P x City, State, ZIP+4 Basalt Co 81621 PS Forrn 3800, August 2006 See Reverse for Instructions t„ .D D— ir D D D D In r-9 D r1 D r- Ir 0' D D D D r- r� Cr r- 1:=1 D D D ra D D U.S. Postal Servicers., CERTIFIED MAIL., RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.com,,, IC Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To :, Hughes, David J. Trust Street,or POBoxN 2191 I Road City, State, 2 Grand Junction CO 81505-9357 -, PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Servicer, CERTIFIED MAIL..; RECEIPT (Domestic Mail Only; No insurance Coverage Provided For delivery information visit our website at www.usps.com,. Cl', Fs, ,Ir t E o '(11' Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Mouffe, Frank H Street, Apt. or POBox t 0906 Panorama Drive 03/13/201u City State,: Carbondale CO 81623 PS Form 3800, August 2006 See Reverse tor Instructions U.S. Postal Servicers., CERTIFIED MAILTM RECEIPT • (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com„ Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Foes Sent To Williams, Kiel F & Katherine C Street, Apt No.; or PO Box No. 33 Cardinal Lane City, Stale, ZiP+. Glenwood S PS Form 3800, August 2006 rin.s CO 81601 See Reverse for Instructions rn IT" c0 D D D D til a D rR D i - 0000 8799 6537 D L) r-1 D r -I D ru .17 IT' cCIr D D O D D r-9 D r1 f` - U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.com, HAATr @L USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ $0.49 $3.30 $2.70 $0.00 $6.49 0`x31 Killebrew, Jason & Nicole swear Apr. No. PO Box 4437 or PO Box No. city state, ZIP Basalt CO 81621 PS Form 3800, August 2006 See Rever • U.S. Postal Servicer, CERTIFIED MAIL.; RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery information visit our website at www.usps.com,, Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To 03/13/L Street, Apt. No.; or PO Box No. City, State, ZIP4 Damato, Paul A & Cashidan, Beth 0082 Northway Drive Ass en CO 81611 PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Service.., CERTIFIED MAiLTa;-RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com;;, Relum Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Thompson, Terry R & Pamela NI - Street, Apt NI or PO Box Ne 0233 Vaquero Road cry, State, ZI Carbondale Co 81623 Sent To PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal Servicer~, CERTIFIED MAIL. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.coms TU [ 71251 COAL USE Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ $0.49 $3.30 $2.70 $0.00 $6,49 Sent To Bank of Oklahoma SCCR Sveef,Apt No or PO Box No. Po Box 2300 �7 Tulsa OK 735 / `l(° f?^ City, Stale, ZIF PS Form 3800. August 2006 See Reverse for Instructions U.S. Postal Servicer,, CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com, I[ E Pi ill CA 8ALUSE Postage Certified Feo Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To $ $0.49 $3.30 $2.70 $0.00 $ $6.49 Tucker, Kevin L & Tammy J Street, PO Box 19001 Highway 82 Unit D ON State, 2 Carbondale CO 81623 PS Form 3800,August 2006 See Reverse for Instructions' 0' -n -a tr tr N CI D I.r1 rR D rR D N tr P- Postage U.S. Postal Service., CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps,coma Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Sent To Bank of Oklahoma SCCR or PO Bo, 5956 Sherry Lane Suite 600 Cary, State, Dallas TX 75225 PS Form 3800, August 2006 See Reverse for Instructions. U.S. Postal Services., CERTIFIED MAIL.. RECEIPT (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comi;, Certified Fee OReturn Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) rR Total Postage & Fees r1 D N 03/1 SantTo McKenzie, Brett 2002 Revocable Tst oPO' Box o 1480 Montford Drive Suite 209 City, State, ZIP - Dallas TX 75254 PS Form 3800, August 2006 See Reverse for Instructions 1-1 r SENDER: COMPLE1E THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. t Print your name and address on the reverse so that we can retum the card to you. ■ Attach this =dip the back of the malpiece, or on the front if space permits. cer.IPLEiE THIS SECTION ON NELiVERYair AO - o Agent o Addressee 1. Article Addressed to McKenzie, Brett 2002 Revocable Tst 1480 Montford Drive Suite 209 Dallas TX 75254 D. Is detvery address different tom Item 17 0 r YES, enter delivery address below: 17 No 8 Serdoe lyes i oertrbd Ewe D Madly Mei Elam" p fleaktmed Ream Precuttor laadie d.. O Insured Mw 0 Detect on Delivery 4. Restricted Detivwy? (Bea F. 0 Yes 2. Nude Number (Minster from service lib* PS Form 3811, July 2013 7014 d150 0000 8799 6513 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G.10 Sender. Please print your name, address, and ZIP+4° in this box' Clifford Cerise Ranch Co LLLP PO Box 187 Carbondale CO 81623 tt:lilt)ttltnrl))ttl,tijrt))t)tliirrrlrtl)lliltllltllitlllltlllir MEMORANDUM EXHIBIT I 5°.° Garfield County Community Development Department TO: Board of County Commissioners FROM: Glenn Hartmann, Senior Planner DATE: March 30, 2015 SUBJECT: Call -Up Request Regarding the Director's Decision Cerise Minor Subdivision (File No. MISA-8047) A. BACKGROUND- PROCESS On February 6, 2015 a Director's Decision Letter was issued by the Director of the Community Development Department for conditional approval of the Cerise Minor Subdivision (aka the Cerise Upper Ranch Minor Subdivision Plat). On February 13th the County received a request for Call -Up to the Board of County Commissioners from the Applicant's authorized representative. The request was received during the required 10 day call up period and addressed concerns with Condition #6 of the Director's Decision dealing with demonstration of adequate domestic water for all three of the proposed lots. On February 23rd the Board of County Commissioners voted to schedule a public hearing to consider the Application. The public hearing was scheduled for April 6th at 1:00 p.m. Public notice for the hearing is required consistent with the original notice required for the Director's Decision. In this case, the notice is a mailing notice 15 days prior to the hearing. Public notice documentation from the Applicant including receipts from the mailings will be required prior to the public hearing. B. CALL UP — REQUEST 1. The Applicant's original call up request letter and supplemental information (dated March 2015) indicate concerns with the requirement to demonstrate legal physical and adequate water for Lots 1 & 3 as outlined in Condition #6 of the Director's Decision Letter. The applicable provisions are specifically found in Conditions 6.c and 6.d. 1 2. The Applicant has indicated that they are prepared to meet the water supply conditions for Lot 2 and are proposing implementing plat note restrictions to address the timing for meeting the water supply conditions for Lots 1 & 3. The Applicant's proposal is summarized below: • For Lots 1 & 3, wells permits would be required to be issued and the wells drilled and tested at the time of building permit for lots that are sold to or maintained in ownership by members of the Clifford Cerise Ranch Company LLLP. • In cases where a lot sale is to someone not a member of the Clifford Cerise Ranch Company LLLP the well for such a lot would be required to be permitted, drilled and tested prior to the sale. 3. The Applicant's supplemental materials include a draft plat note for the Board's consideration. The Applicant's supplemental materials also indicate that the Applicant is not contesting any of the other conditions contained in the Director's Decision Letter including Conditions 6.a. and 6.b that deal with the completion of the augmentation plan and ongoing compliance with said plan. C. PACKET INFORMATION The following information has been included in the Board packet for your review. • Original Call Up Request Letter • Supplemental Letter from Mark Chain (dated 3/17/15) supporting the call up request to modify Condition #6 along with additional well testing information for the existing well on Lot 2. • Copy of the original complete application submittal • Copy of the Director's Decision Letter — dated 2/6/15 • Copy of the Staff Report for the Director's Decision and exhibits D. STAFF ANALYSIS 1. Excerpts from the Director's Decision Letter concerning Conditions 6.c. and 6.d. are shown below: 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots, prior to the plat being considered for execution and recording by the Board of County Commissioners. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 and an updated permit for Lot 2 if required by the Augmentation plan. 2 d. The Applicant shall provide well pump testing results and water quality test results for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. 2. The Colorado Division of Water Resources provides the following summary on their web site addressing the history of water/well restrictions and subdivisions in the State of Colorado. This history provides insight into the current Garfield County Regulation in the Land Use and Development Code. On May 5, 1972, legislation was enacted which mandated that counties adopt subdivision regulations requiring developers to provide data, studies, and analyses for the proposed subdivision of land. The studies were to include, among other items, adequate evidence that a water supply was available and that the quality, quantity, and dependability was sufficient. In turn, the State Engineer was required to review the water supply information and issue an opinion regarding injury to other vested water rights and the adequacy of the water supply. 3. Excerpts from the Colorado Revised Statutes addressing Subdivision and Water Supply Plans are provided below for the Board's Consideration. Colorado Revised Statutes 30-28-133 (6)(a) (6) No board of county commissioners shall approve any preliminary plan or final plat for any subdivision located within the county unless the subdivider has provided the following materials as part of the preliminary plan or final plat subdivision submission: (a) Evidence to establish that definite provision has been made for a water supply that is sufficient in terms of quantity, dependability, and quality to provide an appropriate supply of water for the type of subdivision proposed; Colorado Revised Statutes 30-28-133 (3)(d) (3) Subdivision regulations adopted by a board of county commissioners pursuant to this section shall require subdividers to submit to the board of county commissioners data, surveys, analyses, studies, plans, and designs, in the form prescribed by the board of county commissioners, of the following items: (d) Adequate evidence that a water supply that is sufficient in terms of 3 quality, quantity, and dependability will be available to ensure an adequate supply of water for the type of subdivision proposed. Such evidence may include, but shall not be limited to: (I) Evidence of ownership or right of acquisition of or use of existing and proposed water rights; (II) Historic use and estimated yield of claimed water rights; (Ill) Amenability of existing rights to a change in use; (IV) Evidence that public or private water owners can and will supply water to the proposed subdivision stating the amount of water available for use within the subdivision and the feasibility of extending service to that area; (V) Evidence concerning the potability of the proposed water supply for the subdivision. Colorado Revised Statutes 29-20-303. Adequate water supply for development (1) A local government shall not approve an application for a development permit unless it determines in its sole discretion, after considering the application and all of the information provided, that the applicant has satisfactorily demonstrated that the proposed water supply will be adequate. A local government shall make such determination only once during the development permit approval process unless the water demands or supply of the specific project for which the development permit is sought are materially changed. A local government shall have the discretion to determine the stage in the development permit approval process at which such determination is made. (2) Nothing in this part 3 shall be construed to require that the applicant own or have acquired the proposed water supply or constructed the related infrastructure at the time of the application. 4. The Cerise Application was referred to the Division of Water Resources and a copy of their referral comments is attached to the Staff Report. The letter addresses a number of topics including that the production for the existing well should be adequate to serve one of the three lots. The letter also indicates that the water supply plan was inadequate as the proposed augmentation plan had not been approved. E. BOARD OF COUNTY COMMISSIONERS ACTION Option A: Uphold the Director Decision for Conditional Approval 4 The Board can direct staff to prepare a resolution upholding the Director's Decision for approval with appropriate findings. The Resolution would contain all conditions of approval from the Director's Decision Letter including Condition #6. Upholding the Director's Decision is the most consistent with the Colorado Revised State Statutes noted above and the Land Use and Development Code provisions. The County Attorney's Office has been consulted regarding the relevant statutes. Option B: Modify the Director's Decision in Accordance with the Applicant's Request The Board can direct staff to prepare a resolution for approval with edits to Condition #6 including items 6.c and 6.d. as requested by the Applicant. Suggested edits prepared by Staff to implement the Applicant's request are provided below including two additional items, 6.f. and 6.g. (changes are shown in bold): 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots. Conditions related to Lot 2 shall be addressed prior to the plat being considered for execution and recording by the Board of County Commissioners. Conditions related to Lots 1 & 3 shall be addressed as provided below. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. An updated permit for Lot 2 shall be provided if required by the Augmentation plan. d. The Applicant shall provide well pump testing results and water quality test results for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code at the time of issuance of a building permit for members of the Clifford Cerise Ranch Company LLLP or its members. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. Additional Conditions needed to implement the Applicant's Request (6.f. & 6.g.) f. Copies of well permits and all required testing in accordance with Section 7-104 of the Land use and Development Code for Lots 1 & 3 shall be required prior to any sale of said lots to ownership outside of the Clifford Cerise Ranch Company LLLP or its members. 5 g. Prior to execution and recording of the plat, the Applicant shall provide for review and approval by the County Attorney a plat note implementing the conditions of approval related to water supply plans, well permitting, drilling and testing for Lots 1 & 3. Option C: Other Board Actions Including Overturning the Director's Decision Should the Board wish to overturn the Director's Decision, the Board may formalize a motion for more significant edits to the conditions of approval or alternative actions including denial. An appropriate resolution documenting the Board's action would be prepared. Should the Board move forward with approval of the Applicant's request, Staff recommends that draft Condition 6.g. include a requirement for a deed restriction outlining the provisions/limitations related to Lots 1 & 3. 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'"tt, n 5' et, r ~" 5 0)x Sy fD4g4 cf.) i3+ r , Ch r CD •� C 0 +-4 �� < t- [I) ci) �t 1.1-1 i f 0.6 4rt, O e -r �. CD -t CD �r () R n�00►�sv c r ¢ �c°'i?C�c`�i�Cf `fi r (D CD cn cp Q.a)1c ro cal E aft CO 17."-I 1--; 0 -� °off. opo 0✓8 0 cD 098 '-r C c'D O a*r co r 0 0 Oo- C cn �. ItrOCi 11) CCD Mark Chain Consulti February 13, 2014 Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 EXHIBIT 1 7 RE: Clifford Cerise Ranch Company LLLP Minor Subdivision (File MISA-8047) Dear Glenn: The Clifford Cerise Ranch Company LLLP hereby appeals Condition No. 6 of the Director's Decision Letter dated February 6, 2015. Condition N6. 6 relates to the demonstration of a legal, physical, adequate and reliable water source to serve all three lots of the proposed subdivision prior to recording the plat. As explained in the application, the applicants have proposed to construct wells on Lots 1 and 3 as part of any Building Permit application rather than prior to recording of the plat. The applicant will of course comply with all provisions of the augmentation plan. We intend to provide more detail on the concerns related to Condition No. 6 and provide a clear alternative in the next few weeks and prior to the call up by the Board of County Commissioners. As we discussed, that projected call up date may be March 2nd Please contact me if you have any questions or wish to discus any of the information provided. Sincerely, Mal -k Chair Mark Chain, Planner 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net CLIFFORD CERISE RANCH COMPANY MINOR SUBDIVISION Supplementary Information March 2015 Prepared for Garfield County, Colorado EXHIBIT Mark Chain Consulting, LLC Page 1 March 17, 2015 Garfield County Board of County Commissioners c/o Glenn Hartmann, Senior Planner Garfield County Department of Community Development 108 8th Street, Suite 401 Glenwood Springs, CO 81601 RE: Clifford Cerise Ranch Company LLLP Minor Subdivision (File MISA-8047) Dear Commissioners: Thanks for agreeing to hear the appeal to the Director's Letter of Decision and putting this on your busy schedule. As we noted in our discussion earlier in March, the applicants are really appealing the timing of the completion of the infrastructure improvements, not the fact that they are required. We are specifically appealing two of the items in Condition No. 6: "The applicant shall address the following conditions related to demonstration of a legal, physical, adequate and reliable water source to serve all three proposed lots, prior to the plat being considered for execution and recording by the Board of County Commissioners". We are requesting relief from: • the drilling and testing of the wells on Lots 1 and 3 prior to execution and recording the plat (condition 6c and 6d). Background Tract B of the Clifford Cerise Upper Ranch has been owned by the Cerise Family in some manner since 1959. The subject property is 66.22 acres in size and the proposal is to split the property into essentially 3 equal sized Tots, one for each of the Clifford Cerise children. There is presently one well on the property, which is located on the proposed Lot 2 (Well permit # 235453, constructed on 10-19-01). The majority of the site is irrigated for hay and forage. The owners are in the final stages of getting the Augmentation Plan approved. The specific relief sought is to require new wells to be drilled and tested with any building permit application associated on the other individual Tots. Related to development and use of the property, one of the lots (lot 2) to be owned by Mike Cerise, will be built on in the very near future. However, Lot 1 is to be owned by Bob Cerise who currently lives on the Cerise Lower Ranch and has no plans to move to the Upper Ranch in foreseeable future. In addition, being the rancher in the family, he may choose not to ever move to the Upper Ranch. Toni Cerise will become the owner 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 2 of Lot 3. While she does intend to move to the Upper Ranch, her time frame for constructing of improvements on that lot is unknown at this time. There are of course costs associated with the planning and development of these subdivisions. These include surveying, planning, and Geotech studies and related analyses, submitting an Augmentation Plan and monitoring its progress through the system and developing the infrastructure. For this project, not only does augmentation plan and related improvements need to be constructed, but the land use code requires all of the wells to be permitted, drilled and tested prior to execution and recordation of the plat. The ability to drill a well, provide a physical source of water and the legal rights to water sufficient for the project are known quantities. It is our opinion that drilling wells immediately and then having them sit perhaps unused for a number of years is not in anyone's best interest. Proposal The Cerise Family understands the current County LUDC regulations of the provision of the actual water source and the reason of the regulations. The Family believes that all three lots will continue to be held by the LLLP members for a very long time. We also understand that the County wishes to ensure that if there are any purchasers of the lot for any reason, that the physical infrastructure situation would be disclosed prior to any sale. An additional way to protect the public and any lot purchaser is to require that a well be built on the lot in question if a lot is sold outside of the LLLP ownership or it's members. We feel that a plat note can take care of this matter and will be made known during a period of due diligence prior to the purchase of a lot. Proposed Plat Note "Subject Property is subject to Water Augmentation Plan (Case Number 14CW approved on , 2015). There is a well located on Lot 2. Wells for domestic use will be required to be permitted as part of any Building Permit application subject to the Augmentation Plan and Garfield County Building Code procedures. However, if a Lot is sold outside of the Clifford Cerise Ranch Company LLLP or it's members, the well on that Lot must be permitted, constructed and tested prior to the sale". 811 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mark Chain Consulting, LLC Page 3 We hope that the proposed plat note will take car of your concerns. For the record, the application is not contesting any of the other conditions contained in the Director's Letter of Decision dated February 6, 2015 including conditions 6a and 6b. Additional Well information For your information, attached is a letter from James Pearce of Canyon Water Resources, LLC regarding well testing information on the well presently located on the property. My apologies for not providing this with the original application. All other pertinent well information is included in Section 5 — Technical Reports Please contact us if you have any questions. We will be prepared to discuss this matter in more detail at the Pubic Hearing on April 6th. Sincerely, Ma -k Chafe Mark Chain, Planner 81 1 Garfield Avenue Carbondale, CO 81623 Ph 970.963.0385 Fax 970.963.2916 mchain@sopris.net Mr. Michael Cerise c/o Clifford Cerise Ranch Company By email March 5, 2014 Subject: Groundwater Well Test for the Clifford Cerise Ranch Subdivision Dear Mr. Cerise: This letter concerns groundwater well testing associated with the development of the Clifford Cerise Ranch Company property near County Road 103 and County Road 105 in Garfield County, Colorado. The following evaluation addresses portions of the Garfield County Land Use and Development codes General Submittal Requirements for a water supply and distribution plan for 14 single family equivalents (SFE) or fewer'. The water supply plan call for groundwater wells to serve domestic, lawn and garden, and stock water uses. The plan calls for groundwater wells to supply water to 3 houses, 3 additional dwelling units, lawns and gardens, and year around stock watering. The water demand for the development is based on 6 SFEs and 350 gallons per day per SFE, up to 12,000 square feet of lawn and garden watering, and stock water for up to 12 head of stock. The water demands, reliability, availability, and legal water rights supply are evaluated in a separate letter report (Canyon Water Resources, LLC, March, 2014). This letter report covers the well water quality testing and 4 -hour pump test requirements of the Garfield County code'. There is an existing well (Permit No. 235453) located on the property and it will serve one house, one ADU and the associated lawn and garden and stock purposes (i.e., one "homesite"). Two new wells will be constructed along with the construction of the houses. The following results are from testing the existing well. We conducted a well pumping test (4 hour duration) and collected water samples for water quality analysis from the existing well. We reviewed information from the well's permit and pump installation records as available from the State Engineer's office (Attachment A). The water quality testing consisted of the analytes listed in the Garfield County Land Use and Development Code, Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). It is my opinion that the capacity of the existing well is adequate to supply water to one home site for the proposed uses. The pumping capacity of the well, possibly in conjunction with a modest volume of cistern or tank storage or a slightly large pump, is sufficient to serve the daily peak water demands. The water quality testing results indicate that the Maximum Contaminants Levels (MCLS), as set forth by the Colorado Department of Public Health and the Environment within the Colorado Primary Drinking Water Standards, are not exceeded3. 1 Code Division 2, Section 4-203, M., 1., b., (5). 2 This letter report does not address water supply flow rates for any required fire protection purposes. 3 As discussed below, Total Coliforms PA greater than 1 per 100 were detected in the November 7, 2013 water sample. We suggest disinfecting the well and resampling for Total Coliforms PA. Canyon Water Resources, LLC February 5, 2014 Page 1 Discussion 4 Hour Well Pumping Test The Cerise well Permit No. 235453 was tested on November 7, 2013 by Mr. James Pearce (Canyon Water Resources, LLC) and assisted by Mr. Bob Cerise. The well pumping drawdown test began at 10:46 a.m. and lasted for 4 hours. After pumping, well water level recovery was monitored for approximately 30 minutes. The water level observations recorded during the test are shown on Figure 1. To conduct the test, the 1 -inch diameter pump discharge line was fitted with a flow -control valve and extension lines to move the discharged water sufficiently far from the well head. An on-site generator provided power to a Goulds Model 10LS07422, % HP submersible pump4. Flow rates were measured utilizing a calibrated bucket and stopwatch. The following summarizes the Cerise Permit No. 235453 well construction information: Date Completed: 10/10/2001 Total Depth: 170 feet below ground surface (ft bgs) Depth Completion: 170 ft bgs Hole Diameter: 9 inch from 0 to 40 ft bgs 6.5 inch from 40 to 170 ft bgs Plain Casing: 7 inch steel from 0 to 40 ft bgs 5.5 inch PVC from 30 to 130 ft bgs Perforated Casing: 5.5 inch PVC 0.250 slot size 130 to 170 ft bgs Pump Intake: 160 ft bgs The State Engineer reports indicate that static water level at the time of well drilling (2001) and pump installation (2003) was approximately 120 ft bgs. The materials log indicates "volcanics" from 0 to 170 ft bgs. The well was disinfected 10/10/2001 with 4 ounces of HTH. The well's water level prior to the test on November 7, 2013, was 121.7 feet below the top of the well casing. The measurement point at the top of the casing is approximately 1 1/2 feet above the ground. So, at this location, the top of the water table is approximately 120 ft bgs. Since the well total depth is 170 feet bgs, the aquifers saturated thickness at this location is approximately 50 feet. The well pumping test was operated at a constant flow rate of 9 gallons per minute (gpm) and after 4 hours of pumping, the water level drawdown was 6.25 feet (to approximately 126 ft bgs). For the last hour of the test, the rate of the drawdown was 1.8 feet per hour and the water level in the well as approximately 34 feet above the pump intake. The pump test indicates that the well will produce 10 gallons per minute for 4 hours and longer. 4 The well is equipped for permitted stock water purposes on the property. Canyon Water Resources, LLC February 5, 2014 Page 2 The total daily peak water demands are assumed to be 25 gallons per minute (gpm). The daily peak indoor demands are assumed to be 5 gpm per SFE (so for one house and one ADU a total of 10 gpm) and lawn and garden watering at a peak rate of 15 gpm. The analysis assumes that the peak demands occur over approximately 1 hour when peak domestic uses may overlap with watering the lawn and garden. At this time, we know the well will reliably produce at least 10 gpm and possibly up to 25 gpm (with a larger pump) for one hour. The water distribution planning should count on installing a larger pump, or a storage tank, or possibly both, to supply uses during times of peak demands. Well Water Quality Results Well water samples were collected for water quality testing. The Colorado Department of Public Health and the Environment Laboratory analyzed the samples. The samples were tested for the following contaminants: alkalinity, arsenic, cadmium, calcium, coliform bacteria, chloride, conductivity, copper, corrosivity, fluoride, hardness, iron, lead, magnesium, manganese, nitrate/nitrite, pH, sodium, sodium adsorption ratio, sulfate, total dissolved solids, uranium, zinc and alpha/beta radioactivity. The tests are consistent with the Garfield County regulations Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). The laboratory results show that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded. Attachment B provides the laboratory data sheets with the results. However, the "total coliforms PA" results are "coliform present, unsafe sample, greater than or equal to 1 coliform per 100". Escherichia coli were not present. The laboratory results state, "Based on these results, it is strongly recommended that you use another source of water for drinking and cooking or treat this water to reduce the level of coliform bacteria". I spoke with the laboratory and they suggested disinfecting the well and resampling for total coliform PA. You and I have spoken about resampling the well I recommend following that course when time and the weather permit. Canyon Water Resources, LLC February 5, 2014 Page 3 Conclusions The evaluations described in this letter report results in the following conclusions: • The well pumping test indicates that the well will produce 10 gpm for at least 4 hours. The well capacity is sufficient to supply peak water demands (assumed to be 25 gpm serving one house, one ADU, and the associated lawn and garden and stock purposes) with the installation of a larger pump, a storage tank, or possibly both. • The water was tested for the analytes specified the Garfield County regulations Division 2, Section 4-203, M., 1., 5,. (c). (aka the CDPHE laboratory's "Colorado Deluxe" package). The well water quality sampling laboratory tests indicate that the Maximum Contaminants Levels (MCLs), as set forth by the CDPHE within the Colorado Primary Drinking Water Standards, are not exceeded. • The well should be disinfected and then water samples collected and tested for Total Coliforms PA. If you have any questions, please feel free to call me at 970-379-6918. Best regards, James F. Pearce., P.E. Manager, Canyon Water Resources, LLC Attachments A - Well Permit Information B - CDPHE Laboratory Test Results cc) Mr. Michael J. Sawyer Canyon Water Resources, LLC February 5, 2014 Page 4 February 6, 2015 Mark Chain 811 Garfield Avenue Carbondale, CO 81623 EXHIBIT Garfield County Community Development Department RE: Director's Decision Cerise Minor Subdivision (File MISA-8047) Dear Mark: This letter is provided to you as the authorized representative for the Clifford Cerise Ranch Company LLLP in regard to their Minor Subdivision Application located on property off of County Roads 103 and 105 also know by Assessor's Parcel No. 2393-241-00-261. The Application has been reviewed in accordance with the Administrative Review procedures contained in the Land Use and Development Code as amended. Said provisions require a Decision by the Director of the Community Development Department on whether to approve, approve with conditions, or deny the request. The Director's Decision on Cerise Upper Ranch Minor Subdivision Plat is based on the following findings: 1. That proper public notice was provided as required for the Director's Decision. 2. The Director's Decision review was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 1 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of a waiver from the requirement for engineered improvements plans, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. A decision is hereby issued regarding the Clifford Cerise Upper Ranch Minor Subdivision Plat. The Director's Decision is to approve the Application subject to the following conditions: 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director's Decision. 2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: a. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non -negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. b. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. 2 c. The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). d. A site specific soils and foundation analysis shall be required for new construction once final building locations are determined. The analysis shall address subsidence potential and compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. e. One half of Traffic Impact Fees shall be payable prior to recording the Final Plat and the remaining one half due to the County at the time of Building permit issuance. The remaining % of the fee is $ per lot. f. Driveway Access Permits from the County Road and Bridge Department shall be required at the time of building permit application. At the time of building permit a site specific drainage plan for the structure and driveway shall be required. g. h. Re -vegetation of disturbed areas with a native seed mix and plants shall be required as part of the building permit process and removal of native vegetation outside of the building envelope discouraged except as warranted for wild fire protection. i. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. k. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, %2 inch in width and to contrast with background color. 1. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. 1. 3 m. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. n. Domestic Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife. o. Fencing on the property shall comply with the Colorado Parks and Wildlife specifications for wildlife -friendly fencing. p. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. q. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by the appropriate ditch company or owners of water rights within the ditch. r. The Crystal Spring is located on Lot 3 and said lot is subject to any easements or rights associated with the spring, its improvements and conveyance system. 3. The following edits and modification to the minor subdivision plat shall be required: a. The plat shall be updated to include adequate easements from the edges of the augmentation pond and augmentation plan conveyance features such as ditches and pipelines. b. The plat shall be updated to include designation of the spring box and related improvements for the Crystal Spring. Any existing easements for the spring shall be shown on the plat. A plat note shall be added addressing the existence of the spring on Lot 3. The text of the plat note shall be reviewed and approved by the County Attorney's Office. c. The vicinity map shall be added to the plat. d. Certificates and signature blocks shall be updated in accordance with the County's standard templates as noted in the County Resource Guide. This shall include a County Commissioner's Certificate, Certificate of Taxes Paid, Title Certificate, Lien Holders Certificate (if necessary), updated Certificate of Ownership and Dedication, and the deletion of the Community Development Director's Certificate. e. The driveway locations on the plat shall be removed. 4 f. The building envelope for Lot 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. 4. The Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit an updated draft of the proposed plat based on the County Surveyor and Attorney's review with all required corrections including plat notes. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for signature. The covenants and provisions related to the augmentation plan shall be subject to review and approval by the County Attorney's Office prior to filing of the plat. 5. School Impact Fees and Fire District Impact Fees shall be calculated and paid prior to the execution and filing of the plat. Should an agreement with the Fire District be required by the District said agreement shall be executed prior to the filing of the minor subdivision plat. 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed lots, prior to the plat being considered for execution and recording by the Board of County Commissioners. a. The Applicant shall provide a copy of the approved augmentation plan. b. The Applicant shall demonstrate that all conditions of the augmentation plan have been met and the improvements associated with the augmentation plan have been constructed and are operational. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 and an updated permit for Lot 2 if required by the Augmentation plan. d. The Applicant shall provide well pump testing results and water quality test results for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. e. The Applicant shall complete a 4 hour pump test for the well on Lot 2. The pump test results and the current water quality test results for the existing well shall be updated to include an analysis by a qualified professional determining that the production is adequate to serve the residential use and that the water quality is acceptable for domestic uses or provide for an 5 appropriate treatment system to address water quality concerns and meet acceptable standards. 7. The Applicant shall obtain Driveway Access Permits from the Road and Bridge Department at the time of building permit application for each lot. The Applicant shall comply with all conditions of said permits including required improvements. 8. Prior to recording the plat, the Applicant shall provide a weed management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager. 9. Prior to recording the plat, the covenants for the subdivision shall be updated to include requirements for use of bear proof trash containers, compliance with the Colorado Noxious Weed Act and County Weed Management Plan, and allocation of irrigation water for each lot consistent with the provisions of the augmentation plan. The Land Use and Development Code requires notification to the Board of County Commissioners for their review and potential call-up of the Director's Decision. The Board review is for a period of 10 calendar days commencing on the date of the Director's Decision. The call-up period shall expire on February 16th. The Plat will be scheduled on the Board of County Commissioner's consent agenda after expiration of the call-up period and once all conditions of approval have been satisfied including final review of the plat by the County Attorney's Office. Please note that you will have 90 days from the date of approval to submit a plat suitable for recording. Extensions of this time period may be requested prior to the expiration of the original time limit. Please contact the Community Development Department if you have any questions regarding the Director's Decision and the next steps for finalizing your plat. Sincerely, Fred Jarman, AICP Director, Community Development Department cc: Board of County Commissioners 6 Minor Subdivision M I SA -8047 Director's Decision 1/29/15 PROJECT INFORMATION AND STAFF COMMENTS TYPE OF REVIEW Minor Subdivision APPLICANT (OWNER) Clifford Cerise Ranch Company LLLP AUTHORIZED REPRESENTATIVE Mark Chain, Planner LOCATION EXHIBIT I/o The property is located approximately 41/2 miles northeast of the Town of Carbondale, located off of County Road 103 and 105. The property is known by Assessor Parcel No. 2393-241-00-261. PARCEL SIZE 66.12 acres WATER/SEWER ACCESS EXISTING ZONING Individual Wells and On -Site Waste Water Treatment Systems (OWTS) Proposed driveways off of County Roads 103 and 105 Rural (R) I. DESCRIPTION OF PROPOSAL - BACKGROUND The Applicant is requesting a Minor Subdivision to divide the 66.12 acre lot into 3 Tots 21.20 acres, 22.64 acres, and 22.28 acres in size. The lots will access off of County Roads 103 and 105 and will be served by individual wells and Onsite Waste Water Treatment Systems (OWTS). One existing well is located on proposed Lot 2; however, the Applicant is requesting a waiver to allow the wells on Lots 1 and 3 to be developed in the future. The Applicant represents that they are in the final stages of completing an augmentation plan to obtain the additional well permits for Lots 1 and 3. Other than a storage pond associated with the augmentation requirements no common or shared facilities are proposed. Holy Cross Electric service exists on Lots 2 and 3 and an easement is provided across Lot 2 to extend service to Lot 1. Driveway access permits will be required from the County for the proposed driveway locations. Building envelopes for each lot are shown on the draft Minor Subdivision Plat. The Applicant's property was created through a subdivision exemption process, approved by Resolution No. 85-20 that created a Tract A and Tract B. Tract B is the Applicant's property. Tract A is in separate ownership and has been developed with a residence. II. LOCATION - SITE DESCRIPTION The site is located northeast of the Town of Carbondale in a rural area with ranching, agriculture, and rural residential land uses. Much of the property located within Lots 1 and 2 is rolling irrigated pasture and hay production. Native pinon and juniper woodlands are found in the southwest corner of Lot 2 and the majority of Lot 3. Lots 1 and 2 have very moderate slopes while Lot 3 has more topography with slopes in some areas up to 20%. Other than agriculture/irrigation equipment, fencing, ditches, and electric lines there are currently no improvements on the proposed lots. III. AUTHORITY — APPLICABLE REGULATIONS The Minor Subdivision process is addressed in Section 5-301 of the Land Use and Development Code. Other applicable code sections include but are not limited to Table 5- 103 (Procedures & Notice), Table 5-401 (Submittal Requirements), Section 5-402 (Description of Submittal Requirements), Section 4-103 (Administrative Process), and Article 7 Division 1 — 4, as applicable. VICINITY MAP Applicant's Site IV. PUBLIC AND REFERRAL COMMENTS Public notice as required by the Land Use and Development Code has been completed by the Applicant. No written public comments were received although one verbal inquiry was 2 received and is summarized below. Referral comments from reviewing agencies are summarized below and attached with the Staff Report. 1. Verbal comments were received from Kevin Tucker a neighboring property owner. Mr. Tucker indicated that he had water rights from a spring that is located in an area on the Applicant's property proposed for Lot 3. The spring serves his property south of Lot 3. He requested that the spring and any easements be addressed by the Minor Subdivision and inquired regarding building envelope locations. 2. County Consulting Engineer, Chris Hale, Mountain Cross Engineering: • Noted mineral rights questions. • Discussed the need for the plat to show water system improvements and necessary easements for the augmentation pond. • Noted code requirements to demonstrate adequate water for all lots including Lots 1 and 3 where no wells are currently in place. • Indicated that presence of coliform bacteria in the well on Lot 2 needs to be addressed. • Commented on driveway access locations and permits to be approved by the County. • Noted the need for fire protection to be further addressed • Identified existing improvements such as the spring, all ditches, and the proposed pond to be shown on the plat. • Need for clarification on ADU options/proposals. 3. Division of Water Resources: Indicated that an augmentation plan will be required and has not yet been approved by water court. The letter noted the limited information on the existing well. With the augmentation plan not in place the Division indicated that the water supply plan is inadequate. 4. County Road and Bridge: Identified several questions regarding proposed points of access on Lots 1 and 3. A second letter clarified as follows: • Adjacent gates at the Lot 1 access can be resolved at the time of access permitting. • Lot 2 has an existing access permit. • Lot 3 will need an access permit and an optional driveway location discussed on the site visit can be addressed at the time of permitting. 5. County Environmental Health: Noted soils information indicated that there should not be an issue for developing OWTS. Comments included that driveway construction should address fugitive dust issues. 6. Carbondale Fire Protection District: Indicated that access appears to be adequate for emergency apparatus and that the development would be subject to the Fire District's impact agreement and fees. Current fees noted were $704 per residential unit. 3 R. Ai /B .>. LOT 2 99. QI AC+/. —i"/LiY"F CLIFFORD CERIS RANCH MINOR SUB TRACT D CERISE SUSDIVISI RECEPTION NO. SB \SEC. 24. T.7 S.. R.88 W OARFIELD COUNTY, C M/ razoi. E UPPER DIVISION ON EXEMPTION ®462 . . 8th P.M. OLORADO Lief RD ARD MOTU. 1 • NOR wit fi2 2! 11 [IeI l7 Lor a 2.1. 20 AC r/• 7. 8. 9. County Vegetation Manager: Requested provision of a weed management plan including a map and weed inventory. The plan shall address management strategies and timing for treatment. Compliance with the Colorado Noxious Weed Act and County Weed Management Plan should be required. Holy Cross Energy: Was provided a referral packet but did not submit comments. A will serve letter from Holy Cross Energy was included in the Application. Colorado Geological Survey: Indicated that they had no objection to approval of the minor subdivision application as submitted. They noted several topics for consideration: • Subsidence potential was noted and potential lot purchasers should be advised of said potential. • The letter indicated that additional lot -specific geotechnical investigation should occur once building locations are finalized and should address final design parameters. 10. Colorado Parks and Wildlife: Was provided a referral packet but did not submit comments. 4 V. STAFF ANALYSIS In accordance with the Land Use and Development Code, the Applicant has provided responses to the Submittal Requirements and applicable sections of Article VII, Divisions 1,2,3and 4. 7-101: Zone District Regulations The proposed use demonstrates general conformance with applicable Zone District provisions contained in the Land Use and Development Code and in particular Article III standards including minimum lot size and setbacks. CERISE PROPERTY EXCERPT FROM COMPREHENSIVE PLAN FUTURE LAND USE MAP 7-102 and 103: Comprehensive Plan & Compatibility The Comprehensive Plan 2030 designates the site as Residential Medium with a 6 to < 10 Acres density recommendation. The site is also shown at the boundary of the Carbondale Area of Influence. Areas adjacent to the site are similarly designated as Residential Medium. The Residential Medium Designation in the Comprehensive Plan refers to "Small farms, estates, and clustered residential subdivision; density determined by degree of clustering and land preserved in open condition". The Applicant's proposed density of approximately 20 acres per dwelling unit conforms with the density recommendation and does not call for any formal designation of open space. The designation of building envelopes and the irrigation/agriculture requirements associated with the augmentation plan will help to ensure that a majority of each lot will remain in agriculture and open space type uses. 5 Uses in the vicinity of the site are similar to those proposed on the Applicant's site including rural residential, ranching, horse boarding, and agriculture. The surrounding zoning is also Rural (R). Aerial Photo Showing Neighboring Uses 7-104 Source of Water The Applicant has requested waivers to allow delaying the drilling of wells for Lots 1 and 3 until the time of application for building permits on said Tots. The deferral would also include any well pump testing and water quality testing. The Application suggests options including a development or improvements agreement to ensure future compliance with the County's Regulations and provision of water for the two lots. Other methods to consider include conditions of approval, plat notes and/or deed restrictions. The Applicant's Augmentation Plan is not yet complete and the Application indicates that compliance with the anticipated conditions of the plan will include construction of a storage pond to facilitate releases for augmentation. Referral comments from the County's Consulting Engineer and the Division of Water Resources raise concerns regarding the Applicant's proposal and waiver request. Compliance with the County's standard requirements including well development, testing, 6 and demonstration of an approved legal source of water (i.e. completed augmentation plan) prior to recording of the Subdivision Plat is consistent with County policies and past approvals. Other than industrial subdivisions and conservation subdivisions with significant public benefit (land dedication or conservation easements) waivers to allow platting prior to demonstration of adequate water have not been granted. Results from follow-up research with the Applicant's Attorney on the augmentation plan indicates that the augmentation improvements and pond will likely be required to be constructed and operational prior to the issuance of the new well permits for Lots 1 and 3. Updated water quality tests have been provided for the existing well and indicate the removal of the coliform bacteria contamination. A 4 hour pump test and technical evaluation by a qualified professional will still be required for this well along with the future wells on Lots 1 and 3. Water quality testing will need to be provided for the two proposed wells. The testing needs to include a determination by a qualified professional that the water is adequate for human consumption or recommend treatment options for all wells. 7-105 Waste Water Systems The geotechnical evaluation of the subdivision by HP Geotech provided details on the soils test pits dug on each lot and indicates that the sites are suitable for conventional infiltration septic systems. A plat note indicating that additional evaluation of excavations may be appropriate should be included on the plat. Required setbacks from well locations, irrigation ditches and springs would be required as part of the OWTS permitting. 7-106: Public Utilities The Application indicates that existing electric service lines cross Lots 2 and 3. Lot 1 is provided an easement for extension of electric service across Lot 2. A will serve letter from Holy Cross Energy is provided indicating their general ability to serve the lots. The will serve letter indicates that line enlargements or extensions would require contractual agreements with Holy Cross Energy. No gas or hardwired telephone service is anticipated at this time. 7-107: Access & Roadways The Applicant's proposed Lots 2 and 3 are accessed off of County Road 105. The Road is maintained by the County, has a compacted dirt surface and is slated for an upgrade with application of a gravel surface in 2015 or 2016. Follow-up verbal review comments from the Road and Bridge Department indicate that the roadway is adequate for the proposed development. Access for Lot 1 is off of County Road 103. The roadway is paved and maintained by the County. No adequacy or capacity issues were noted. General locations for access driveways are shown on the plat and the Road and Bridge Department has reviewed the access proposals. No concerns with establishing adequate access to the lots were identified with alternate locations for Lot 3 discussed. Based on the potential for minor modification or relocations of the access driveways the specific 7 locations should be removed from the plat and replaced with a plat note indicating that driveway access permits from the County Road and Bridge Department will be required prior to the issuance of a building permit. Compliance with all conditions of said access permits and relevant County standards shall be required including but not limited to grade, width, culverts and surfacing. The Subdivision lots will be subject to payment of Road Impact Fees. In accordance with the provisions of the Land Use and Development Code they can payable 1/2 prior to platting and 1/2 at the time of building permit if there is a road project scheduled to start within 5 years pursuant to Section 7-405(A)(2). Based on Road and Bridge indications that a surfacing upgrade project is slated for County Road 105 within the next two years, the fees shall be payable 1/2 prior to platting and 1/2 at building permit. The amount of the fee shall be calculated with 1/2 collected at the time of submittal of the final plat for recording. 7-108: Natural Hazards The applicants Geotechnical Report and the Colorado Geological Survey Referral Comments do not identify any natural hazards with the exception of the need for awareness of subsidence potential (sink holes) typical for the Missouri Heights area. Both reports indicate the benefits of site specific soils evaluations at the time of excavation and building permit. 7-109: Fire Protection Comments from the Fire Protection District indicated that the access was acceptable and recommended requiring compliance with the District Impact Fees and related agreement. 7-201: Agricultural Lands Much of the property will remain irrigated and in agricultural uses. The Plat should be required to contain standard Right to Farm and domestic animal control plat notes typically required by the County. 7-202: Wildlife Habitat Areas No Referral comments from Colorado Parks and Wildlife however the Application indicates that the site is located within habitat areas for a number of native specifies including deer and elk. Fences should be required to meet Colorado Park and Wildlife standards for wildlife compatibility and standard requirements for control of domestic animals and use of bear proof trash containers should be required. Areas of existing native vegetation should be maintained as much as possible. Re -vegetation of disturbed areas, and weed control should be required to maintain healthy native vegetation and habitat. 8 Wildlife Habitat Mapping for Elk Cerise Property Blue Cross Hatching = Winter Concentrations & Habitat Pink Shading = Summer Range Green Shading = Production Areas 7-203: Protection of Water Bodies No natural streams or ponds are located on the site. The Crystal Spring located on Lot 3 needs to be shown on the plat along with any existing easements for the spring or conveyance structures. A plat note indicating the reservation of a 25 ft. maintenance easement from the edges of any ditch or conveyance structure shall be added to the plat. The building envelope as shown on the proposed plat is located to avoid any conflict with the spring and collection system. 7-204: Drainage and Erosion (Stormwater) Disturbed areas anticipated from the single family development and driveway construction are anticipated to be well below the threshold triggers for requiring more detailed storm water permitting and/or overall site drainage plans. The Application proposes provision of drainage plans at the time of building permit and driveway construction. A plat note shall be required indicating the drainage plans submitted at building permit shall demonstrate consistency with the augmentation plan improvements and no impact on the augmentation plan, irrigation ditches or the Crystal Spring collection system. 7-205 Environmental Quality No significant environmental quality impacts are anticipated from the rural residential and agricultural uses. Dust control for driveway construction at the time of building permit should be required along with standard silt fencing and drainage protection for water quality. 9 7-206: Wildfire Hazards The Cerise property is shown on the County Wildfire Hazard mapping as being a low hazard designation. A plat note should be required noting the recommendation to maintain fire break separations between structures and neighboring vegetation and fuels. EXCERPT FROM COUNTY GIS WILDFIRE HAZARD MAP Green = Lower Hazard Yellow = Moderate Hazard Orange/Red = Higher Hazard 7-207 Natural and Geologic Hazards Other than general concerns regarding subsidence potential no significant natural or geologic hazards were noted by the Colorado Geologic Survey Review or the Applicant's Geotechnical Study. No hazards are identified in the Application or the County's GIS Geologic Hazard mapping. 7-208: Reclamation With the proposed development for rural residential and agricultural uses, formal reclamation is not applicable. Re -vegetation of areas disturbed during construction should however be required as part of the building permit and driveway grading processes. 7-301 & 302: Compatible Design, Parking, and Loading The proposed rural residential and agricultural uses are generally compatible and the uses as currently exist on neighboring properties. Adequate space exists on the 20+ acre lots for driveway alignments and parking. 10 7-303: Landscaping No formal landscaping plans are anticipated for the rural residential and agricultural uses. Preserving native vegetation and weeds management should be required. 7-304: Lighting Lighting should be limited to down directed, shielded and internally oriented fixtures in accordance with the County's lighting standards and Resolution No. 2010-18. 7-305 Snow Storage Adequate portions of the site plan are available for snow storage. 7-306 Trails Trails standards are generally not applicable based on the rural character of subdivision. 7-401 General Subdivision Standards The only common facilities proposed are the pond and conveyance features to be required as part of the augmentation plan. The Applicant's proposed covenants address these issues in general. Final review and approval of the covenants and the augmentation approvals by the County Attorney's Office shall be required including: a) confirmation of provisions to allow the Applicant to construct and maintain the required facilities as approved by the Water Court Augmentation Plan; b) proper dedication of water rights and deeding of well permits to each lot; c) establishment of all necessary easements for the augmentation facilities on the plat; and (d) general review of the covenants. Standard plat notes regarding domestic animal control and solid -fuel burning devices/fireplaces shall be included on the plat. 7-402 Subdivision Lots No issues with lot configuration pursuant to this section have been noted. Final Review and approval by the County Attorney's Office of how the County Roads are shown on the plat should occur prior to finalizing the plat. Said review should address any right-of-way or historic and prescriptive use issues. 7-403 Survey Monuments Compliance with these requirements will be confirmed through referral of the plat to the County Surveyor's Office. Compliance with any referral comments, corrections, and/or edits required by the County Surveyor should be included as conditions of approval. 11 7-404 School Land Dedication School Fees Land Dedication fees shall be required in accordance with the Land Use and Development Code. Use of a Brokers Price Opinion in the fee formula has been requested and has previously been accepted by the County. 7-405 Traffic Impact Fees Traffic Impact Fees shall be required in accordance with the Land Use and Development Code. The Road and Bridge Department has indicated that they have plans for improvement of County Road 105 within the next 5 years (perhaps as early as next year) to a gravel surfacing. Pursuant to the code requirements 1/2 of the Traffic Impact Fee will be payable at the time of recording the final plat with the second 1/2 payable at the time of building permit. A plat note outlining this requirement should be included on the final plat. VI. ADDITIONAL REVIEW TOPICS • Irrigation water rights shall be conveyed to each of the lots in accordance with the anticipated amount of irrigation on each lot and as may be further required pursuant to the Augmentation Plan and covenants. • Waivers have been requested from provision of engineering plans for subdivision improvements such as roadways, sewage collection, water, and drainage, along with cost estimates. With the exception of improvements associated with the augmentation plan requirements no common facilities are planned that would warrant detailed engineering and cost estimates. • The potential for Accessory Dwelling Units (ADU) on the proposed lots is included in the Augmentation Plan documents. Water rights planning for additional units is at the Applicant's discretion and risk. No approvals for ADU's are proposed or being considered as part of the County's current Minor Subdivision review. ADU's would require a future Land Use Change Application and approval by the County which includes evidence of legal and adequate water. VII. MINOR SUBDIVSION REVIEW CRITERIA The review criteria contained in Section 5-301 (C) have been addressed by the Application submittals are generally summarized below. The only criteria not met by the submittals is item #3 related to the water supply plan. It can be addressed by a condition of approval requiring compliance prior to filing the minor subdivision plat. 1. The subdivision will comply with the standards for the Rural Zone District. 2. It is in general conformance with the Comprehensive Plan 2030 as amended. 3. Demonstration of a legal, physical, adequate, and dependable water supply for each lot has not been met, but can be demonstrated through conditions of approval. 4. Evidence of adequate access has been provided. 5. Additional easements shall be required to be shown on the final plat as a condition 12 of approval. 6. Evidence that adequate OWTS can be developed on each lot has been provided. 7. Lack of hazards on the site has been demonstrated by the application. 8. Other than augmentation plan improvements, no improvements requiring cost estimates, engineering, or security are proposed. 9. A certificate of taxes paid is required on the minor subdivision plat. 10. Payment of fees shall be required either prior to filing of the plat or as conditions of approval pursuant to code requirements. 11. The plat will be subject to final review and approval by the County Surveyor and County Attorney's Office. VIII. SUGGESTED FINDINGS The following suggested findings support approval of the Cerise Upper Ranch Minor Subdivision subject to conditions and waiver approvals. 1. That proper public notice was provided as required for the Director's Decision. 2. The Director's Decision review was extensive and complete, that all pertinent facts, matters and issues were submitted and all interested parties were given the opportunity to provide input prior to the decision date. 3. That for the above stated and other reasons the proposed Minor Subdivision is in the best interest of the health, safety, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That with the adoption of conditions, the application is in general conformance with the 2030 Comprehensive Plan, as amended. 5. That with the adoption of conditions and granting of a waiver from the requirement for engineered improvements plans, the application has adequately met the requirements of the Garfield County Land Use and Development Code, as amended, including Section 5-301 (C) Minor Subdivision Review Criteria. IX. RECOMMENDATION AND DRAFT CONDITIONS Approval of the Clifford Cerise Upper Ranch Minor Subdivision subject to compliance with the following conditions of approval and granting of waivers. 1. That all representations contained in the Application submittals shall be considered conditions of approval unless otherwise amended or changed by the Director's Decision. 2. The Applicant shall include the following text as plat notes on the Minor Subdivision Plat or amend the existing text to conform to following: 13 a. Colorado is a "Right -to -Farm" State pursuant to C.R.S. 35-3-101, et seq. Landowners, residents and visitors must be prepared to accept the activities, sights, sounds and smells of Garfield County's agricultural operations as a normal and necessary aspect of living in a County with a strong rural character and a healthy ranching sector. Those with an urban sensitivity may perceive such activities, sights, sounds and smells only as inconvenience, eyesore, noise and odor. However, State law and County policy provide that ranching, farming or other agricultural activities and operations within Garfield County shall not be considered to be nuisances so long as operated in conformance with the law and in a non - negligent manner. Therefore, all must be prepared to encounter noises, odor, lights, mud, dust, smoke chemicals, machinery on public roads, livestock on public roads, storage and disposal of manure, and the application by spraying or otherwise of chemical fertilizers, soil amendments, herbicides, and pesticides, any one or more of which may naturally occur as a part of a legal and non -negligent agricultural operations. b. All owners of land, whether ranch or residence, have obligations under State law and County regulations with regard to the maintenance of fences and irrigation ditches, controlling weeds, keeping livestock and pets under control, using property in accordance with zoning, and other aspects of using and maintaining property. Residents and landowners are encouraged to learn about these rights and responsibilities and act as good neighbors and citizens of the County. A good introductory source for such information is "A Guide to Rural Living & Small Scale Agriculture" put out by the Colorado State University Extension Office in Garfield County. c. The mineral rights associated with this property may not have been transferred with the surface estate therefore allowing the potential for natural resource extraction on the property by the mineral estate owner(s) or lessee(s). d. A site specific soils and foundation analysis shall be required for new construction once final building locations are determined. The analysis shall address subsidence potential and compliance with the recommendations of said analysis shall be required. Engineered foundations and septic systems may be required pursuant to the findings and recommendation of the soils analysis. e. One half of Traffic Impact Fees shall be payable prior to recording the Final Plat and the remaining one half due to the County at the time of Building permit issuance. The remaining % of the fee is $ per lot. f. Driveway Access Permits from the County Road and Bridge Department shall be required at the time of building permit application. g. At the time of building permit a site specific drainage plan for the structure and driveway shall be required. 14 h. Re -vegetation of disturbed areas with a native seed mix and plants shall be required as part of the building permit process and removal of native vegetation outside of the building envelope discouraged except as warranted for wild fire protection. i. No new open hearth solid -fuel fireplaces will be allowed anywhere within the subdivision. One (1) new solid -fuel burning stove as defined by C.R.S. 25-7-401, et. seq., and the regulations promulgated thereunder, will be allowed in any dwelling unit. All dwelling units will be allowed an unrestricted number of natural gas burning stoves and appliances. All exterior lighting shall be the minimum amount necessary and that all exterior lighting be directed inward and downward, towards the interior of the subdivision, except that provisions may be made to allow for safety lighting that goes beyond the property boundaries. k. Addresses are to be posted where the driveway intersects the County road. If a shared driveway is used, the address for each home should be posted to clearly identify each address. Letters are to be a minimum of 4 inches in height, '/z inch in width and to contrast with background color. 1. Driveways should be constructed to accommodate the weights and turning radius of emergency apparatus in adverse weather conditions. m. Combustible materials should be thinned from around structures so as to provide a defensible space in the event of a wild land fire. n. Domestic Dogs kept on the property shall be in a fenced yard or on a leash to prevent harassment of wildlife. o. Fencing on the property shall comply with the Colorado Parks and Wildlife specifications for wildlife -friendly fencing. p. Control of noxious weeds is the responsibility of the property owner. Compliance with the County Noxious Weed Regulations and Weed Act shall be required. q. A 25 ft. setback shall be required from all irrigation ditches for ditch maintenance by the appropriate ditch company or owners of water rights within the ditch. r. The Crystal Spring is located on Lot 3 and said lot is subject to any easements or rights associated with the spring, its improvements and conveyance system. 3. The following edits and modification to the minor subdivision plat shall be required: a. The plat shall be updated to include adequate easements from the edges of the augmentation pond and augmentation plan conveyance features such as ditches and pipelines. 15 b. The plat shall be updated to include designation of the spring box and related improvements for the Crystal Spring. Any existing easements for the spring shall be shown on the plat. A plat note shall be added addressing the existence of the spring on Lot 3. The text of the plat note shall be reviewed and approved by the County Attorney's Office. c. The vicinity map shall be added to the plat. d. Certificates and signature blocks shall be updated in accordance with the County's standard templates as noted in the County Resource Guide. This shall include a County Commissioner's Certificate, Certificate of Taxes Paid, Title Certificate, Lien Holders Certificate (if necessary), updated Certificate of Ownership and Dedication, and the deletion of the Community Development Director's Certificate. e. The driveway locations on the plat shall be removed. f. The building envelope for Lot 3 shall be reviewed by the Applicant's engineer or surveyor and shall be reconfigured to eliminate any areas with slopes greater than 20%. 4. The Minor Subdivision Plat shall be subject to final review and approval by the County Attorney's Office and the County Surveyor. The Applicant shall submit an updated draft of the proposed plat based on the County Surveyor and Attorney's review with all required corrections including plat notes. Upon final approval by Staff the mylar shall be printed and all necessary signatures obtained prior to presenting the plat to the Board of County Commissioners for signature. 5. School Impact Fees and Fire District Impact Fees shall be calculated and paid prior to the execution and filing of the plat. Should an agreement with the Fire District be required by the District said agreement shall be executed prior to the filing of the minor subdivision plat. 6. The Applicant shall address the following conditions related to demonstration of a legal, physical, adequate, and reliable water source to serve all three proposed Tots, prior to the plat being considered for execution and recording by the Board of County Commissioners. a. The Applicant shall provide a copy of the approved augmentation plan. b. The Applicant shall demonstrate that all conditions of the augmentation plan have been met and the improvements associated with the augmentation plan have been constructed and are operational. c. The Applicant shall provide copies of well permits issued by the Division of Water Resource for Lots 1 and 3 and an updated permit for Lot 2 if required by the Augmentation plan. 16 d. The Applicant shall provide well pump testing results and water quality test results for the new wells on Lots 1 and 3 in accordance with Section 7-104 of the Land Use and Development Code. Said results shall be accompanied by analysis by qualified professionals determining that the production is adequate to serve the residential uses and the water quality is acceptable for domestic uses. If water quality issues are noted the report shall include treatment required to address the water quality concerns and meet acceptable standards. e. The Applicant shall complete a 4 hour pump test for the well on Lot 2. The pump test results and the current water quality test results for the existing well shall be updated to include an analysis by a qualified professional determining that the production is adequate to serve the residential use and that the water quality is acceptable for domestic uses or provide for an appropriate treatment system to address water quality concerns and meet acceptable standards. 7. The Applicant shall obtain Driveway Access Permits from the Road and Bridge Department at the time of building permit application for each lot. The Applicant shall comply with all conditions of said permits including required improvements. 8. Prior to recording the plat, the Applicant shall provide a weed management plan including a weed inventory and map. The plan and inventory shall be subject to review and approval by the County Vegetation Manager. 9. Prior to recording the plat, the covenants for the subdivision shall be updated to include requirements for use of bear proof trash containers, compliance with the Colorado Noxious Weed Act and County Weed Management Plan, and allocation of irrigation water for each lot consistent with the provisions of the augmentation plan. 17 Views of Lot 2 18 Views of Lot 3 19 Views of Lot 1 20 January 14, 2015 Mr. Glenn Hartman Garfield County Planning 108 8th Street, Suite 401 Glenwood Springs, CO 81601 MOUNTAIN CROSS ENGINEERING, INC. Civil and Environmental Consulting and Design RE: Review of Clifford Cerise Upper Ranch Minor Subdivision: MISA-8047 Dear Glenn: EXHIBIT This office has performed a review of the documents provided for the Minor Subdivision Application of the Clifford Cerise Upper Ranch Minor Subdivision. The submittal was found to be thorough and well organized. The review generated the following comments: 1. The Applicant should discuss the Minerals Rights in greater detail. If they were severed or if they exist with the land. If they have been severed, then the Owners would need to be notified. If they run with the land, then the application should discuss how they will be distributed between the lots. 2. The Applicant should address the augmentation pond construction. An augmentation pond is proposed to mitigate out of priority water usage. No design, location, or details are provided for this. Since this is associated with the permitting of the water wells and water rights, it should be considered a part of the water supply plan. 3. The LUDC requires that the Applicant provide evidence that an adequate water supply exists. This is not demonstrated since two of the three wells have not been permitted, drilled, capacity tested, or water quality verified. The third well water quality test results fails with the presence of Coliform. The Applicant needs to demonstrate that there is adequate physical and legal supply of water for the lots proposed. 4. If the existing well is to be used, the Applicant should address how the presence of Coliform will be mitigated. 5. The Applicant does not provide access but states that Driveway Permits will be obtained later. The Applicant should work with Garfield County Road and Bridge to verify that there are acceptable locations for driveways to access adjacent roads to verify that permits may be obtained in the future. These locations should be identified on the plat. 6. The Applicant requests a waiver of cost estimates. These estimates are often used to determine security amounts in the Development Improvements Agreement for proposed infrastructure. Unless all the proposed improvements are constructed prior to platting, security will be required and cost estimates would be required. A waiver may not be in order. 826'h Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com Cerise Upper Ranch Page 2 of 2 January, 2015 7. The proposed discussion of water supply does not include any water for a fire suppression system. The Applicant should address fire suppression and/or address comments from the local Fire Marshal. 8. The plat doesn't show the existing well, the existing spring, the irrigation ditches, the proposed augmentation pond location. These should be shown on the plat and may require easements to protect the uses. 9. In the CC&R's, ADU's area allowed. The application materials do not discuss ADU's and neither are the mentioned in the water supply section and the wells. The Applicant should discuss how the demands for ADU's would be included. Feel free to call if you have any questions or comments. Sincerely, Mou tai j Cross Engineeri Hale, PE g, Mountain Cross Engineering, Inc. Civil and Environmental Consulting and Design 826'/2 Grand Avenue, Glenwood Springs, CO 81601 P: 970.945.5544 F: 970.945.5558 www.mountaincross-eng.com ICOLORADO I Division of Water Resources I flr:). rrPrn.••it ;,! 1;;rC•tra1 nc ;OUrcC°. 1313 Sherman Street. Room 821 Denver, CO 80203 January 12, 2015 Glenn Hartmann Garfield County Building and Planning Department 108 8th Street, Suite 401 Glenwood Springs, CO 84601 Re: Clifford Cerise Upper Ranch Minor Subdivision Section 24, T7S, R88W, 6th PM Water Division 5, Water District 38 Dear Mr. Hartmann: EXHIBIT We have reviewed the above -referenced preliminary plan to subdivide a parcel of approximately 66.12 acres into three approximately equally sized lots. The current lot is located 4 % miles northwest of the town of Carbondale. The applicant indicates that they intend on providing water to all three lots through individual on -lot wells. The parcel currently has one existing exempt well. The applicant intends to treat wastewater through individual on-site septic systems for each lot. The information provided indicates that water use to each of the newly created parcels would be for one single family dwelling and one accessory dwelling unit, watering of up to 4,000 square -feet of lawn and gardens, and watering of up to four head of stock. This office has record of one existing well on the parcel with Permit No. 235453. The permit was issued pursuant to CRS 37-90-602(3)(b)(II)(a) as the only well on a tract of land of 65.67 acres described as that portion of the SW1/4, NE1/4, of Section 24, Township 7 South, Range 88 West of the 6th P.M. Uses are limited to fire protection, ordinary household purposes inside not more than three single family dwellings, the irrigation of not more than one acre of home gardens and lawns, and the watering of domestic animals. Section 37-92-602(3)(b)(lll), C.R.S., requires that the cumulative effect of all wells in a subdivision be considered when evaluating material injury to decreed water rights. The source of the proposed water supply would be from, or tributary to, the Colorado River. This area of the Colorado River is over -appropriated; therefore, an augmentation plan is required to offset depletions caused by the pumping of any wells. The applicant has indicated that they intend to utilize the existing domestic well, currently permitted under Permit No. 235453, along with two new wells to supply water to portions of the subdivision. Therefore, new well permits issued pursuant to a decreed plan for augmentation will be required. As of the time of this letter, the proposed augmentation plan submitted by the applicant to the water court has not been approved. 1313 Sherman Street, Room 821, Denver, CO 80203 P 303.866.3581 F 303.866.2223 www.watcr.statc.co.us • • 1876s Kathy Eastley Vagneur Minor Subdivision The pump installation and test report completed by Samuelson Pump Co., Inc. dated December 20, 2003 indicates that the well operating under permit no. 235453 produced an average of 10 gallons per minute over the unspecified test period. The water supply should be physically adequate to supply water to one of the three proposed Tots. Please note that the long term adequacy of any ground water source may be subject to fluctuation due to hydrological and climatic trends. Pursuant to Section 30-28-136(1)(h)(1), C.R.S., the State Engineer offers the opinion that due to the lack of an augmentation plan to offset out of priority depletions from the pumping of the well, the proposed water supply plan will cause material injury to existing water rights and is inadequate. If you or the applicant has any questions concerning this matter, please contact Ivan Franco of this office for assistance. January 12, 2015 Page 2 Sincerely, gan'Sullivan, P.E. Water Resource Engineer HIF: Clifford Cerise Minor Sub.docx cc: Alan Martellaro, Division Engineer Water Commissioner, District 38 1313 Sherman Street. Room 821, Denver. CO 80203 P 303.866.3581 F 303.866.2223 www.water.state.co.us •of (61.(), `• I.:\ s*". Glenn Hartmann From: Michael Prehm Sent: Thursday, January 08, 2015 7:59 AM To: Glenn Hartmann Subject: Cerise Ranch Morning Glenn, EXHIBIT 1 /3 The questions I have for Mike is: 1) Is the access for Lot 3 were the pile of dirt is stacked? If so, can that access be filled enough to make the driveway 90 degrees to County Road 105? 2) Is the access for lot 1 the same location as the field access with the metal gate? If so will everything be combined? Mike 1 Glenn Hartmann From: Michael Prehm Sent: Thursday, January 15, 2015 11:19 AM To: Glenn Hartmann Subject: Clifford Cerise Upper Ranch Minor Subdivision Glenn, Thanks for setting up the site visit yesterday. Lot 1 will need a Driveway Permit from Road & Bridge. The two gates, one each side of the property line can be resolved at the time of the permit. Lot 2 has a Driveway Permit (GRB14-D-21). Lot 3 will need a Driveway Permit. The optional access point for lot 3 will work and can addressed at the time of the permitting. Road & Bridge has no other concerns with this proposal. Mike Prehm Garfield County Road & Bridge Foreman / Glenwood District (970) 945-1223 Office (970) 945-1318 Fax. (970) 618-7109 Cell 1 195 W. 14th Street Rifle, CO 81650 (970) 625-5200 Garfield County Community Development 108 8th Street Glenwood Springs, CO 81601 Attn: Glenn Hartmann Garfield County January 15, 2015 Hello Glenn, Public Health EXHIBIT S 2014 Blake Avenue Glenwood Springs, CO 81601 (970) 945-6614 I have reviewed the application for the Clifford Cerise Ranch Company LLLP Minor Subdivision and have a few comments: 1. The applicant has requested that they not be required to drill and sample wells for the two proposed subdivided lots until the time of application for building permits for individual lots; rather than drilling and testing at the time of the subdivision. I actually don't have a strong opinion either way from a public health standpoint, so long as there is an assurance of adequate supply and quality of water at the time that the applicant would apply for a building permit to use the wells. 2. Based on the report by HP Geotech, it appears soils should not pose an issue for proper functioning of septic systems on the subdivided lots. There also appears to be sufficient space for the systems. The applicants should be sure to comply with the new OWTS regulations at the time of construction of a system. 3. Construction of driveways into the properties should take precautions to mitigate fugitive dust during both the construction and use. Thank you, /7/0We Morgan Hill Environmental Health Specialist III Garfield County Public Health 195 W. 14th Street Rifle, CO 81650 (970) 665-6383 V Garfield County Public Health Department — working to promote health and prevent disease Glenn Hartmann From: Bill Gavette [gavette@carbondalefire.org] Sent: Wednesday, January 14, 2015 4:45 PM To: Glenn Hartmann Subject: Clifford Cerise Minor Subdivision January 14, 2015 RE: Clifford Cerise Minor Subdivision Dear Glen: EXHIBIT 1‘ I have reviewed the application for the proposed Clifford Cerise minor subdivision and would offer the following comments: 1. The proposed access appears to be adequate for emergency apparatus. 2. The development is subject to development impact fees adopted by the District. The developer will be required to enter into an agreement with the District for the payment of development impact fees. Execution of the agreement and payment of the fees are due prior to the recording of the final plat. Fees are based upon the impact fees adopted by the District at the time the agreement is executed. The current fee for residential development is $704.00 per unit. Please contact me if you have any questions or if I may be of any assistance. Sincerely, Bill Gavette Deputy Chief Carbondale & Rural Fire Protection District www.carbondalefire.org 970-963-2491 FIRE • EMS • RESCUE 1 January 14, 2015 EXHIBIT 1 l6 Garfield County Glenn Hartmann Garfield County Community Development Department Vej etation Manakement RE: Vegetation Management Comments on Cerise Subdivision MISA-8047 Dear Glenn, Thank you for the opportunity to comment on this permit. Noxious Weeds • Map, Inventory, and Plan Staff requests that the applicant submit a weed management plan for all Garfield County listed noxious weeds and State of Colorado listed noxious weeds that are targeted for statewide eradication. The plan shall include a map and weed inventory. Noxious weeds that are known to be in adjacent areas are: Absinth wormwood (A State listed weed), Russian knapweed, plumeless thistle and whitetop. The weed management plan shall address appropriate management strategies and a timeframe for treatment. • Covenants Noxious weeds are not mentioned in the covenants. Staff requests specific language pertaining to County and State listed noxious weeds to inform lot owners that it is their responsibility to comply with the Colorado Noxious Weed Act and the County Weed Management Plan. Please let me know if you have any questions. Steve Anthony Garfield County Vegetation Manager 0375 County Road 352, Bldg 2060 Rifle, CO 81650 Phone: 970-945-1377 x 4305 Fax: 970-625-5939 GARFIELD COUNTY NOXIOUS WEED LIST Common name Leafy spurge Russian knapweed Yellow starthistle Plumeless thistle Houndstongue Common burdock Scotch thistle Canada thistle Spotted knapweed Diffuse knapweed Dalmation toadflax Yellow toadflax Hoary cress Saltcedar Saltcedar Oxeye Daisy Jointed Goatgrass Chicory Musk thistle Purple loosestrife Russian olive Also State Listed species: Absinth wormwood Scientific name Euphorbia esula Acroptilon repens Centaurea solstitalis Carduus acanthoides Cynoglossum officinale Arctium minus Onopordum acanthium Cirsium arvense Centaurea maculosa Centaurea diffusa Linaria dalmatica Linaria vulgaris Cardaria draba Tamarix parviflora Tamarix ramosissima Chrysanthemum leucantheum Aegilops cylindrica Cichorium intybus Carduus nutans Lythrum salicaria Elaeagnus angustifolia Artemsia absinthium COLORADO GKOLOGICAL SURVEY 1801 19th Street Golden, Colorado 80401 303-384-2655 January 14, 2015 EXHIBIT 1 n Glenn Hartmann Location: Garfield County Community Development Department NE'/ Section 24, 108 8th Street, Suite 401 T7S, R88W of the 6th P.M. Glenwood Springs, CO 81601 39.4344, -107.1687 Subject: Clifford Cerise Upper Ranch Minor Subdivision File Number MISA-8047; Garfield County, CO; CGS Unique No. GA -15-0004 Dear Mr. Hartmann: Karen Berry State Geologist Colorado Geological Survey has reviewed the above -referenced minor subdivision referral. I understand the applicant proposes to subdivide an approximately 66.1 -acre parcel located in the Missouri Heights area of Garfield County, off of County Roads 103 and 105, into three single family residential lots of 21 to 23 acres. The property is currently undeveloped except for a home on Tract A, between proposed Lots 2 and 3. Based on historical imagery, it appears that most of proposed lots 1 and 2 have been used for agriculture. The steepest slopes are located on proposed Lot 3, and are in the range of 10-15% (not steep). With this referral, I received a Minor Subdivision submittal (updated November 2014), a Geotechnical Study by HP Geotech (November 22, 2013), and other documents. HP Geotech's report contains a good description of the site's geology, surface and subsurface conditions, potential geologic hazards, and development constraints. The site does not appear to contain or be exposed to any geologic hazards that would preclude the proposed residential use and density. CGS therefore has no objection to approval of the three -lot minor subdivision application as submitted. However, the applicant should be aware of the following: Subsidence. As noted by HP, the property is located within the Carbondale Collapse Center, and is underlain by Eagle Valley Evaporite. Sinkholes, subsidence and ground deformation due to collapse of solution cavities and voids are a serious concem in the Eagle Valley Evaporite. Infrequent sinkhole formation is still an active geologic process in the western Colorado evaporite region, and ground subsidence related to the dissolution of evaporite bedrock is an unpredictable risk that should not be ignored. CGS agrees with HP that the risk of ground subsidence on the property is low, but the subsidence hazard should be evaluated as part of a lot -specific geotechnical investigation, once building locations are finalized. If conditions indicative of subsidence or sinkhole formation are encountered during construction, an alternative building site should be considered or the feasibility of mitigation should be evaluated. The applicant and potential purchasers should be advised of the sinkhole potential, since early detection of building distress and timely remedial actions are important factors in reducing the cost of building repairs should an undetected subsurface void start to develop into a sinkhole after construction. Engineering geology. HP makes appropriate preliminary geotechnical recommendations regarding subgrade preparation, foundation excavations, foundations, floor slabs, subsurface and surface drainage, feasibility of conventional OWS (onsite wastewater systems), etc. Additional, lot -specific investigations, sampling and analysis, once individual building locations are known, are required at the building permit phase of GA -15-0004_1 Clifford Cerise Upper Ranch Minor Subdivision.docx 2:29 PM, 01/14/2015 Glenn Hartmann January 14, 2015 Page 2 of 2 development to characterize site-specific engineering properties such as density, strength, swell/consolidation potential, bearing capacity, groundwater depths and depths to bedrock, to evaluate subsidence potential, and to determine final design parameters for individual foundations, floor systems, subsurface drainage, OWS, and pavements. Thank you for the opportunity to review and comment on this project. If you have questions or need further review, please call me at (303) 384-2643, or email carlson@mines.edu. Sincerely, Jill'Carlson, C.E.G. Engineering Geologist GA -15-0004_1 Clifford Cerise Upper Ranch Minor Subdivision.docx 2:29 PM, 01/14/2015